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6B (2)
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01-24-12 Packet
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6B (2)
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11/1/2012 11:45:06 AM
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SECTION 7. Confidentiality, Conflict of Interest and Disclosure. <br />A. Confidential Information. The Provider acknowledges that information <br />which the Commission regards as confidential or proprietary in nature (the <br />"Information"), may come to the knowledge of the Provider during the Provider's <br />performance of services. The Provider shall treat the Information as strictly confidential <br />and agrees that the Provider will not, at any time or in any manner, either directly or <br />indirectly, (i) use, or allowed to be used, any Information for the Provider's own benefit <br />or the benefit of any director, official, employee or agent or any third party, or (ii) <br />divulge, disclose or communicate in any manner any Information to any third party <br />without the written consent of the Commission. The Provider shall be responsible for <br />maintaining the confidentially of any Information in its possession, including taking <br />appropriate measures to secure said Information against such uses and dissemination and <br />to inform any person to which it allows to access such information of its confidentiality. <br />The Provider shall be responsible for any actions taken by those individuals or <br />organizations who or which receive or obtain such Information from the Provider. A <br />violation of this SECTION 7 shall be deemed to be a material breach of this Agreement. <br />B. Covenant Survive Agreement. The confidentiality provisions of this <br />Agreement remain in full force and effect after, and survive the termination of this <br />Agreement. <br />C. Conflict of Interest. The Provider hereby certifies and agrees that no <br />member, officer, or employee of the Commission, or its designees or agents, (and no one <br />with whom they have family or business ties) who exercises any functions or <br />responsibilities with respect to the Project during his or her tenure or for one year <br />thereafter, shall have any financial benefit, direct or indirect, in any contract or <br />subcontract, or the proceeds thereof, for work to be performed in connection with the <br />Project. The Provider further agrees that it will incorporate into every written contract <br />the following provision: <br />INTEREST OF CONTRACTOR AND EMPLOYEES: The Contractor <br />covenants that no person who presently exercises any functions or <br />responsibilities in connection with the Community Development <br />Program, and no one with whom they have family or business ties, has <br />any personal financial benefit, direct or indirect in this Contract. <br />D. Uniform Conflict of Interest Disclosure Statement The Provider <br />acknowledges that its directors, officer, employees and agents, may potentially be <br />deemed to be a "public servant" as defined by Indiana Code § 35- 41 -1 -24. The Provider <br />hereby represents and certifies that it may enter into this Agreement under Indiana Code <br />§ 35 -44-1 and, to the extent applicable, will execute and file with the Commission and <br />any other appropriate bodies a Uniform Conflict of Interest Disclosure Statement, the <br />form of which is attached hereto and incorporated herein as Exhibit "C ". <br />9 <br />
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